Disputed dinosaur statue rejected in Capistrano; appeal remains

Jan. 9, 2013

Updated Aug. 21, 2013 1:17 p.m.

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The 13-foot-tall dinosaur statue at Zoomars Petting Zoo on Los Rios Street in San Juan Capistrano has been a topic of controversy since the zoo installed it in June without city permits. PAUL BERSEBACH, REGISTER FILE PHOTO

The 13-foot-tall dinosaur statue at Zoomars Petting Zoo on Los Rios Street in San Juan Capistrano has been a topic of controversy since the zoo installed it in June without city permits. PAUL BERSEBACH, REGISTER FILE PHOTO

Voices

"The addition of the dinosaur is not part of San Juan Capistrano's history or the history that our federal government recognizes for the purpose of getting the (historical designation)."

- Don Tryon of the San Juan Capistrano Historical Society

"People who come to this city want to see its history, and dinosaurs were never part of its history."

- Ron Langer, Laguna Niguel

"Let us all protect our most precious resource – our history, the history of San Juan Capistrano, the history of Orange County and the history of California."

- Jan Siegel, San Juan Capistrano

"It brings people here. They see it as they visit the mission, they go to our restaurants, they go to our businesses, and ... it is a great time to bring something new to our town."

- Vicki Carabini, San Juan Capistrano

"Carolyn is trying to bring in enhancements for the good of the children. I don't get the hate."

Pleas from supporters of Zoomars Petting Zoo were not enough to persuade the San Juan Capistrano Planning Commission to allow the zoo to keep its disputed dinosaur statue. The commission voted 4-2 on Tuesday night to deny part of a proposed conditional-use permit modification that would allow the 40-foot-long replica apatosaurus.

Zoomars owner Carolyn Franks plans to appeal to the City Council, which will be her last hope of saving the 13-foot-tall statue. She bought it in June for $12,000 from an Anaheim auction house and installed it at the zoo without city approval. A few days later, the city staff ordered her to remove the dinosaur after receiving complaints from the Capistrano Historical Alliance Committee, which said it doesn't belong in San Juan Capistrano's Los Rios Historic District and makes a "mockery" of the city's history. The group is composed of local residents with historical ties to the city.

Dinosaur experts say animals such as the apatosaurus never walked in what is now San Juan Capistrano because the area was underwater at the time they lived. But backers believe the statue still has educational value for children, and Franks has said it is a popular attraction.

Seven months later, the statue, named Juan, is still standing as Franks fights to keep it.

Franks got a ray of hope in November, when the city's Cultural Heritage Commission voted 2-1 in favor of allowing the dinosaur as part of an amended permit that would allow the statue to be incorporated into a prehistoric-themed area of the zoo, along with other new structures. The CHC recommended that the Planning Commission find the statue consistent with the Los Rios specific plan, a set of guidelines for buildings and decorations that aims to preserve the area's character of more than 200 years ago.

But on Tuesday, several planning commissioners said the statue is inappropriate for its neighborhood.

"It doesn't fit into the period the historic Los Rios district was set up to preserve," Commissioner Roy Nunn said.

"The dinosaur is not there to preserve the history of San Juan Capistrano," said commission Chairman Robert Williams. "The dinosaur is there for one purpose only ... it's to make money, and I have a hard time with that."

Williams even suggested the city look at Zoomars as a whole, saying he believes a lot of things there don't belong.

Tuesday marked the second time the Planning Commission has rejected the statue. In August, the panel denied Franks' appeal of the city's eviction order, largely because she had not complied with the building approval process.

One problem cited by commissioners Tuesday is that the statue is not hidden from passers-by on Los Rios Street.

Franks said there were plans to completely screen off the statue had the commission approved the plan.

"I'm a little confused with everything they are asking for," Franks said after the meeting. "It does not interfere or disrespect the history of Los Rios."

Commissioner Jeff Parkhurst, who joined Commissioner Tim Neely in voting to allow the statue, said: "I asked myself, if this is approved, how would it change the historic legacy of the district and the character of the district? I don't think it will, if done properly."

Neely said: "There have been a number of illusions and testimony that this has turned into an amusement park. ...To me, an amusement park is something that has active rides and is more aggressive at sheer entertainment without any other cultural, historical or educational value. I don't find that the dinosaur in and of itself goes that far."

FIGHT ISN'T OVER

As Franks plans her appeal to the City Council, the Capistrano Historical Alliance Committee vows to continue fighting to have the statue removed.

The group's president, Jerry Nieblas, said he is frustrated that the dinosaur was placed in the zoo illegally and has been allowed to stay for seven months.

"(Franks) has been so defiant in her attitude," Nieblas said. "The focus should be on how she did this."

WHAT'S NEXT

Franks has 15 days to file an appeal to the council.

If the council were to deny the appeal, she would have 15 days to remove the structure or face hefty fines.

The Planning Commission determined Tuesday that there wasn't enough information to render a decision on Franks' plans to install shade structures, a Juaneno Indian-style reed hut and a fossil dig area. The panel intends to vote on that in February.

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